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Research Paper | Law | India | Volume 10 Issue 1, January 2021

A Critical Analysis of the Prevention of Corruption Act, 1988

Naveen A Varkey

Abstract: To avoid a crime or any offence in future, there is a requirement of preventing the same from happening in the future. Corruption free country is the aim of all the countries around the world so that there is good economic social development. Prevention is one of the key steps and it is like a pillar to reduce crime in this world. India also wants a corruption free country and India has been fighting to have such a country. One of the main steps for achieving the aim of Corruption free country was found by the Supreme Court and High Courts in various cases that there are many loopholes in the law which is one of the main reasons for corruption existing in the country still. The Courts have also mentioned that there are many loopholes and defects in the parent Act to combat corruption which is the Prevention of Corruption Ac, 1988. The CBI, CVC etc are investigating agencies who are been interfered by the politicians and are always motivated by politics. Hence the main problem is that the functioning of the same will be badly compromised. There is no independence for the same agencies as there is interference from the politicians always. These appointments are on deputation by the politicians. There are many civil servants and public servants who work in good faith and who are honest. There is no question of whether special protection is required for the public servants. Of course, there is a necessity for special protection of public servants but not for public servants who are corrupt and do professional misconduct. There is equality to every one of the general populations under the steady gaze of law. Each individual has equality under the watchful eye of law and all have measure up to insurance under the law. This law is sanctioned in the Constitution of India. Certain provisions in the Prevention of Corruption Act, 1988 abuse the arrangement of the Constitution of India.

Keywords: Corruption, CBI, Prevention

Edition: Volume 10 Issue 1, January 2021,

Pages: 451 - 453